Members of Parliament are increasingly passing legislation in the House of Commons without officially recording how each MP votes. This practice, known as passing legislation “on division,” allows bills to be approved without a formal head count of support or disapproval.
What is Passing Legislation on Division?
According to Peter Van Loan, a former government House leader, “On division means that without counting every vote in the room, the room agrees that the motion or the law … can pass with the understanding that not everybody was in favour of it.” MPs can similarly forgo a vote if there is unanimous consent, but this is distinct from passing a bill on division.
An analysis by CBC News of parliamentary journals over more than two decades revealed a significant increase in this practice. Currently, half of the bills position up for a third reading in the House have passed without a consensus or head count. This is a higher proportion than in previous parliaments. During the 43rd Parliament, only about a quarter of bills at third reading passed without a standing vote.
Why the Increase?
The current composition of the House of Commons may be a contributing factor. The Liberals are close to holding a majority government and require support from other parties to pass legislation. At least two recent bills – the Budget Implementation Act and December’s supplementary estimates – were confidence votes. A lost head count on either could have triggered an election.
Reports indicate the Conservatives and Liberals have been discussing potential agreements to avoid gridlock and another election. Van Loan stated that allowing confidence bills to pass on division is a “convenient way” for opposition parties to object without risking a government collapse. The Liberals narrowly avoided falling during a budget motion last fall, with some MPs absenting themselves to allow passage. Similar tactics were used during Stephen Harper’s minority government.
Bills passing on division this session have addressed issues with some Liberal-Conservative agreement, such as bail reform, border security, and an income tax cut. The Bloc Québécois may also support some government bills or not feel strongly enough to oppose them.
Green Party Leader Elizabeth May and Interim NDP Leader Don Davies have both voiced concerns about the lack of recorded votes, particularly on confidence matters, calling it an “abuse of parliamentary democracy.”
Frequently Asked Questions
What does it mean to pass legislation “on division”?
It means that bills are approved without a formal count of how each MP votes, with the understanding that not all members necessarily supported the legislation.
Has this happened before?
Yes, but We see happening more frequently in the current parliamentary session than in previous ones, including during the COVID-19 pandemic.
Why are parties using this method now?
The Liberals, needing support from other parties to govern, may be using this method to avoid potential defeats on confidence votes that could trigger an election.
As Parliament navigates a delicate balance of power, will the increased use of “on division” passage develop into the new normal, or will pressure from opposition parties lead to a return to more traditional voting procedures?
